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<br />9. Conderrmatioa. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to I_eoder.
<br />Tn the evrnt of a total taking of the Property, the proceeds shall be applied to the sums secured by [his Deed of Trust,
<br />with the exrxss, if any, paid to Borrower. [n the event of a partiSf taking of the Property, unless Borrower and lxnder
<br />atherwist agree in writing, there shalt be applied to the sums secured by this Decd of Trust such proportion of the. proceeds .
<br />as is'egttaf to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date.of-
<br />taking bears io the fair market value of the Property immediately prior to the date of taking, with the balance of the.proaeeds
<br />paid to Borrower,
<br />Lf the Property is abandoned by Borrower, ar if, a&er notice by tender [o Borrower that the condemnor offers to make
<br />an award or settle a claim far damages, Borrower fails to respond [o Isnder within 30 days after the date such notice is
<br />mailed, L.tmder is authorised to collect and apply the proceeds, at Lender's option, either to-restoration. or repair.of the
<br />Property or to the sums secured by this Uetd of Trust.
<br />LJniess Lender and Borrower otherwise agree in writing, any such application of proceeds to- principal shat) not extend -
<br />or postpone the due date of the monthly installments referred ro in paragraphs I and 2 hereof or change -the amount of
<br />such installments.
<br />14. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor m interest of Borrower shall not operate to release, in anymanner;
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shat) no[ be required to commence
<br />proceedings against such successor or refuse m extend time for payment. or otherwise modify amortization of"the-sours
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borcower's successors in interest.
<br />l t. Forbearance by [,errder Not a Watrer. Any forbearance by Lender in exercising any right or remedy hereunder, of
<br />otherwise afforded by applicable law, shall oat he a waiver of or preclude the exercise of any such right or remedy.
<br />The procurement of insurance or the payment of razes or other liens ar charges by Lender shall not be a waives of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />t2. Remedies CumulaBve. All remedies provided in this Dc'ed of Trust are distinct and cumulative to any other right
<br />ar remedy under this Ikhcd of Trust or afforded by law ar eyuity. and may he exercised concurrently, independently or
<br />successively.
<br />13. Successors and Assigrts Bound; 3oint and Several I.iabiHEyt Captious. The covenants sad agreements herein.
<br />contained shall bind, and the rights hereunder shaft inure ta. the respective successors and assigns of Lender and Borrower.
<br />subject to the provisions of paragraph 1 i hereof. ,AII covenants and agreements of Borrower shall 6e joint and several:
<br />The captions and headings of the paragraphs of this Deed of Tn+st are for convenience only and are not to he used.-to
<br />interpret or de5ne ffie provisions hereof.
<br />14. Notice. Except far any notice requ~rtd under applicable taw w be given in another manner, (a) any notice m
<br />Borrower provided for in this L)eed of Trust shall be given by mat7ing such notice by certified mail addressed to Sorrawec at
<br />the Property Address or at st+ch other address as Borrower may designate by notice to Lender as provided herein, and
<br />i b) any notice to Lender shall be given by certified mail, return receipt requested, ro Lender's address stated herein or to
<br />such artier address as Lender may designate by notice to Borrower as provided herein. Any notice provided far in -this
<br />Deed of Trust shat! lx deemed to have been given to Sorrawec ar Lender when given in the manner designated herein.
<br />i$. Uniform Deed of Trarh Governitq: Law; Severabitity. TF.i~ farm of deed of trust combines uniform covenants for
<br />national use and non-unitorm covenants with limited vanations by iurisdiciic+n to constitute a anifarm securi tt• instrument
<br />covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located.
<br />In the event that any provision or clause of this U-ed of Trust or the Nott conflicts with applicable law, such conflict shalt
<br />oat atfeci other provisions n1 this Deed of Trust ar the Nate which can M- given effect without the conflicting provision.
<br />and [o this end the provisions of the Decd of Trust and the Natt are declared tt= bt severable.
<br />Lei. Borrower's Copy. Borrower shall trt h+rnishrd a cantonned copy ot` the Note and of this Deed of Trust at the time
<br />of execution or after recordation htreot.
<br />17. Transfer of the Property: Assumption. ]i alt sir any part of the Prepen}~ or an interest therein is sold or transferred
<br />h}• Borrower without Lender's poor warren consent. secluding i a z the crcauon of a lien ar eneUmbrance subordinate [u
<br />this Detd of Trust, t6) the erea6on aE a purchase ntantc security uuerest for household appliances, (c) a transfer t>y devise,
<br />descent or by optra[ion of !aw upon the death of a lane tenant or i d } the grant of any leasehold interest of three years or Icss
<br />trot containing an option to purchase, Lender nxay, at Lender"s opuan. declare sIl [he sums secured by this Deed e( Trus[ io be
<br />immediately due and payable. i_ender shalt have waa•ed such opnon to acceerate if, prior +o the sate or transfer, Lender
<br />and the person ra wham the Froperty is to br sold ur transferred reach agreenttnt m writing that the credit of such ptrsan
<br />is satisfactory to !ender and that the interest pavabie on the sums secured by (his Ueed of l7ust shall he at such rate as
<br />t.trtder shall request, 12 L.endtr has waived the eptian to acerier'ate provided ir, this paragraph 1',, and if Borrower's successor
<br />in interest has executed a written assumption agreement at..^tpted m writing by },ender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />if Lender exereists such option to accelerate. Lender she€t mail Hi~rreewtr Holler of acceleration in actordanct with
<br />paragraph l4 hereof. 5uc6 notice shalt provide a ptn+xi of oat less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. if Borrower fails to pay wch soots prier to the expiration of such period.
<br />Linder may, without further notice ar demand an Harrawcr, ~nvokt any rtmtdirs lxrmi«ed 6y paragraph I S hereof.
<br />Nuts-U tareaata Covexnnrs. Barniwer and Lender tart her covenant and agree as follows:
<br />18. Accekretiun: Remedies, t:xeept as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or
<br />aRrtettrew of Borrower in this Deed of 7'rwt, iotludireg the covenants to pay when doe any sums secured by this Deed
<br />of Trash tender prior to aae}trofion shall mail notice to Borrower ax provided in paragraph l4 hereof specifyi+rg: (I) the
<br />breach; f2) the action required to cure such breach: (3) a daft, not less than 30 days from Mt dale the Holier is mailed to
<br />Borrower, by which such lueach mast be curer); and (4) that failure is cure sorb breach an or before tht dart specified
<br />is the natict may result in acctleratioa of the wins secured by this 6ced of Trust and sale of the Property. The notice
<br />shat! furl6er inform Borrower of the right to reirrstah after acceleration and the right to bring a court action to assert
<br />the norrexfstenct of a e)efautt or any other defense of Harrower to acttlerarion and sale. tf She breath is oat tared
<br />on or before the date specified is the notice, ixttder at Lender§ option may declare a6 of the sums secured by this Deed
<br />of Trust to 6e immediately due and payable wfthaUt further demand and may inruke the power of sale and any other remedies
<br />permidetd 6y spplirabk law. Leader shelf be ewifled to collect elf reasonable costs a+td expenses incurred in pursuin;t the
<br />rrtutdies provided in thin Paragraph Ig, iacladirrg, but oar limited io, reasonable afforvey's fees.
<br />if the power of sale k invoked, Trrasler shaft record a notice of deFnulf in each county in which Ifie Property or some
<br />part thereof is located and s•F~t mail copies of such police in the man+cer prescribed by applicable taw to Borrower and to the
<br />whet perse+as prescribed by applicable law. After the lapse of wch time tit may be required by applicable law, Tnrstte shall
<br />give public notice o€ sale to fbe persons sod in the manner prescribed by applicable law. `t'rustee. without demand on
<br />$armwer, shag seFl Iht Property at pubt)t section to the highest bidder at the time and glare and under the terms designated
<br />is rice owice-of salt in non w more parcels acrd in wch order as Trustee may determine. Trus/ee may paslpone sale of all
<br />or arty prrctl of leer Property b} pnbGc anrrounttmenl as the Gene and place of any previausiy scheduled sale. t.endtr or
<br />L.endtrs desdRaee may purchase the Property at any salt.
<br />I)pon rneipt of payment of the price bid. Trustee shall detirer fo the punhaser 'L'rustce's deed conveying the Pmpeny
<br />sdd, The recitals in the 7'rs~ex's deed shtttlbt prima tacit evidcntt of the trwh of [ice statements made therein. Trustee
<br />sbaq apply the proctedss of 16t sale in the faBawiuft order, ta) to aB reasonable costs and expertvts of the watt, inrludtaR, but
<br />sot itmited fo, Trtrateds Errs of not more than_ _ 1.1%%-_ _ _ _..'"~ of the Rrex~ salt price, reasonable aliomty's fees and costs of
<br />tYde tyidtntt; fb) to aH sums accrued by this Deed of Trott: acrd (t) the excess, if any, to the person or petsorrs tekaUy entitleri
<br />lirenato.
<br />Lti. Bonaweu'a RSght to ltelnstatt. Notwithstanding Lenders acceletahon of the coma scoured hp this Decd u[ T'rusi.
<br />Horrovrer steal) have the right-to have any proceedings txgun by ).ender to enfore~t lhrs Deed =.~f ~frist disrnntinurd at
<br />any f+rrre Arias to iftt wilier to aceur of Q) the fifth dxy before the salt at the Property pursuant to the power of suk euntatnrd
<br />in tLtst Ido# Ttazt ar iii) entry al a judgment cat`arctng this [?reel of Tntst if. +,a) Harrower pays l.tnder ail sums whreh woulii
<br />Ste lha+n-slut Ur+dtr elm ,[teed of Trust. the Nott and-nnte~s steurrng fiururt .Advances, of any. had no accrlera+r9n cupcurrrtl:
<br />tbl Baxtowtr t++res a)I brrachts al anY rather eavtnaniy or agreements at Sorrawec tomaitmd r=t thrc l~trd of Trust:
<br />(¢) 13rrtrowar pays alt rvaxanalsie expenses antutreyl by )..ender and Trustee tat _ tarang the iavrasats and igrrrntrnts of
<br />HC+rsxxatr stattasntd. in tlr+s. Lkxd of Trttti and in tntiorcing L.ender'x and Tr, stet`s r<ntedirs a+ pravidtd m paragraph i F
<br />;et+tyttir-irtciudxrrg, Inri not I=mittrf ua, rtasunaialr aito[ntv's fats, and fd) tkfrrawtr takes srach arteart ax lA ndrt may reason at±ly
<br />tegeuxt is arzatat tlt+t4 the- ken of rhrs Iced of ~1'ru4t, Lender`s iattrtst sus the Pxaprm- crack BorrawtYs ~,tsligauau t,= paw
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